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Maintaining Status as a Lawful Permanent Resident
Once a person obtains status as a Lawful Permanent Resident (LPR), that person must continue to have the intent to reside in the U.S. indefinitely and must be able to show this with documents verifying residence. Lengthy absences from the United States (more than 365 days) are presumed to have resulted in loss/abandonment of LPR status. Absences of more than 6 months, but less than 1 year, may cause the citizenship clock (3 years or 5 years) to start over from the last entry unless there is good cause for these longer absences.
If an LPR will be out of the United States for more than 365 days, he/she should file Form I-131 Application for a Re-entry Permit. However, merely obtaining the Re-entry permit will be insufficient to maintain LPR status. Several factors will be considered by the Department of Homeland Security in determining whether an individual has maintained LPR status (regardless of whether he/she possesses a re-entry permit) when he/she attempts to return to the United States as an LPR. They are:
- The length of the alien's absence.
- The purpose of the alien's departure.
- The existence of facts indicating a fixed termination date for the stay abroad.
- The continued filing of U.S. tax returns as a resident of the U.S. (This is an absolute MUST; never file "1040 NR" for non-resident.)
- The maintenance of other ties with the U.S., such as ownership of property, bank accounts, credit cards, driver's license.
- The location of the alien's close family members.
- The location and nature of the alien's employment (e.g. U.S. v. foreign employer, permanent v. temporary employment abroad, fixed-term employment contract, etc.).
Anyone who is an LPR and who is considering a lengthy absence from the United States should consult an attorney experienced in immigration matters before leaving to avoid a future determination by the Department of Homeland Security that LPR status has been abandoned.
If an LPR is traveling abroad as a missionary or to work for a U.S. company, and wishes to preserve their right to file for Naturalization without having this absence meaningfully interrupt their residence in the U.S., this person is eligible to file an N-470 to preserve their residence.
Note: The basic rule when applying for citizenship is that an LPR must show he or she has been physically present in the U.S. half of the past 3 or 5 years preceding the application for Naturalization (N-400).
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